Terms of Service

Date: June 18, 2023
Version 1.0.1

General Terms and Conditions for Services

The present General Terms and Conditions for Services apply to all services performed by Teandy SRL (hereunder referred to as "StarkSight"), a Belgian corporation with registered offices at Rue d'Henzie 2, 6870 Arville, Belgium, registered with the Crossroads Bank for Enterprises under the BE 0782.960.442, including the access to its online platforms "StarkSight" for its customers.

StarkSight and the Customer are hereinafter jointly referred to as the "Parties", or each individually as a "Party".

The following terms and conditions for services only apply to non-professional users/subscribers. Professional and similar customers are not yet supported as such by StarkSight.

1. Definitions

"Affiliate" means any entity which is controlling, controlled by, or under common control with, the addressee of these General Terms as may be appropriate , including without limitation any natural persons controlling relevant legal entities.

"Business day" means a day of the year during which banks are open for business in Belgium.

"Digital assets" are blockchain-tracked assets that can be fungible, semi-fungible or non-fungible.

"StarkSight" is a public platform and a forum that specializes in social exchanges and market data analytics for blockchain-based projects. On StarkSight, users can share, discuss, and analyze their favorite NFTs with other members of the community. StarkSight includes several websites, a Discord Server, a Discord Bot, and digital assets tracked by these.

"StarkSight IP" means any work of authorship, materials, information, technology, including web-based technologies and algorithms, calculation methods, ideas and tools, and trade secrets in the sense of the Belgian Law on the Protection of Trade Secrets, and other intellectual or industrial property owned by, licensed to, or developed by StarkSight and used in connection with the performance of Services, including any modifications or enhancements thereto and derivative works based thereon.

"Customer" means any natural person using the Services of StarkSight through any medium.

"General Terms", "Terms", or "Terms and Conditions" mean these General Terms and Conditions for Services, except as explicitly otherwise stated attached to it or concluded under these General Terms.

"Intellectual Property Rights" mean all the intellectual property rights, among others, the trademarks, copyrights, protection for computer programs (including source codes), patents, designs, and models, sui generis rights to databases, and similar rights, and any filings thereon.

"Personal Data" means any information relating to an identified or identifiable natural person.

"Service" or "Services" means the services granted and provided by StarkSight, including market visualization of specific NFTs data-based projects and forum/blog-like interactions such as posts, comments, sharing, likes, etc.).

"Services Fees" means the fees payable as a counterpart for the subscription to StarkSight.

"Subcontractor" means a third party to whom StarkSight subcontracts (part of) the Services.

"User Account" means a non-identified user, an authenticated user, or an authenticated Subscriber.

"Use of the Service" Our Service allows you to access a forum to exchange analytical data related to NFTs through StarkSight.

2. Applicability

These General Terms shall apply to all current and future legal relationships between the Customer and StarkSight, except if the applicability of these General Terms is excluded or restricted by law, regulations, or any other written agreement referencing these General Terms.
The General Terms and Conditions constitute the entire agreement between the Customer and StarkSight in all contractual relations. These general terms and conditions are brought to the attention of the Customer, on the one hand, by adding them to their registration on the websites https://starksight.xyz/ and https://starksight.plus. A copy of these general conditions is also available on the aforementioned websites. The Customer acknowledges having read and accepted our general terms and conditions, which are automatically applicable to any subsequent offer and request for service. Any deviation from this general terms and conditions requires a written confirmation. These general terms and conditions shall apply exclusively to the exclusion of any general or special terms and conditions of the Customer that we have not expressly accepted in writing.

3. Eligibility

To use the Service without any restriction, you must be 18 or older. If you are below 18 years of age, you can only use StarkSight under the supervision nd consent of the Account holder who is your parent or guardian, and who will be accountable for your actions on the Service.

4. Access, account, and service

Users can access the platform under the following different terms, conditions, and statuses:
1. a non-identified user;
2. an authenticated user; or
3. an authenticated Subscriber.
The set of features available on StarkSight is ever evolving; new features will progressively be added and some may be removed at our discretion. The next paragraphs of this section describe the current offer.
Non-identified users can only benefit from basic access to the platform, where interactions with other users are not possible. Non-identified users can see some of the content but cannot post, like, comment, etc.
To benefit from an Authenticated User Account and access more functionalities, users shall be required to create an account by registering on starkight.xyz/ starksight.plus (currently by linking their Discord Account or an ethereum wallet). Authenticated Users can then access a wide range of functionalities on the platform, such as posting, liking, or commenting on content. They can also choose to link a single crypto wallet address, the assets of which can be made public to other users or kept private to its owner.
To create an Authenticated User Account, users must connect their Discord account or an ethereum wallet. When users sign up with Discord, StarkSight receives limited User information from Discord and creates a user that matches the Discord profile. You agree to provide accurate and complete information when creating your account and to update your account information as necessary.
To benefit from an Authenticated Subscriber Account, an already Authenticated User is required to purchase a membership. Additional information about fees and payment conditions can be found under article 7. In addition to all the features available to Authenticated Users. Authenticated Subscribers' membership provides additional benefits such as the ability to link multiple crypto wallet addresses to their account.
Authenticated Subscribers may end their subscription at any time. In that case, the level of access provided by the subscription will still be granted until the due date for the next payment, at which point they will have the level of access of an Authenticated User.
When utilizing a wallet in conjunction with the Service, Users agree to be bound by the terms and conditions of the applicable wallet provider. It is important to note that wallets are not affiliated with StarkSight, and therefore, we have no control over the contents of the User's wallet and cannot retrieve or transfer its contents. We accept no liability or responsibility for the use of a wallet and make no representations or warranties regarding how the Service will work with any specific wallet. It is the User's sole responsibility to maintain the security of its wallet, and they must never share their wallet credentials or seed phrase with anyone. If Users encounter any issues related to their wallet, they should contact their wallet provider directly. Furthermore, Users are solely responsible for their Account and any associated wallet, and we shall not be held liable for any actions or omissions made by Users in connection with their Account or as a result of their Account or wallet being compromised. In the event that Users discover or suspect any security issues related to the Service or their Account, they should notify us immediately via email.
By using the Service, Users represent and warrant that they comply with all applicable laws, including local, state, federal and other laws. Additionally, you declare that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive Belgian or UE Government embargo ("Embargoed Jurisdiction"); (b) you are not subject to any sanctions administered by any agency in particular in the Belgian or UE Government, any other government, or the United Nations (collectively, "Sanctions"); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (e) you have not transacted and will not transact with any person or entity falling into any of (a)-(d); (f) you have not transacted and will not transact for the benefit of any person or entity falling into any of (a)-(d). Users also agree that the above statements shall remain true during the entire period of this agreement. If you access or use the Service outside the United States, Users are solely responsible for ensuring that their access and use of the Service in such country, territory, or jurisdiction does not violate any applicable laws.
StarkSight may find it necessary to request additional information and documents in certain situations, such as when government authorities make a request or to investigate possible breaches of the Terms of Service. If such circumstances arise, StarkSight may temporarily disable your Account and restrict your access to the Service until the requested information and documents are processed. Failing to provide complete and accurate information in response to such a request may result in StarkSight refusing to restore your access to the Service.
There could be several reasons for interruptions to your use of the Service, including equipment malfunctions, routine updates, maintenance or repairs, geographic restrictions, potential violations of the Terms of Service, or other actions that StarkSight may choose to take at its sole discretion. StarkSight retains the right to disable your Account or reallocate your username or associated URL, at its discretion. In case of interruption, whatever the cause, authenticated Subscriber shall not benefit from any right of compensation.

5. User Conduct

The terms and conditions of StarkSight, a freely-accessible NFT discussion platform, specify the rules and regulations that users must abide by when using the service. Users are responsible for their own conduct and content and must not violate any law, contract, intellectual property, or third-party right. StarkSight reserves the right to take action (including the right of temporary or permanent suspension of access to its platform) if it believes a user has violated these terms or if the user may be engaged in unlawful activities or does not respect StarkSight or other users with the use of discriminant language. The terms specify a range of prohibited activities, such as:
- using another user's account without authorization;
- engaging in price manipulation or fraudulent activity;
- creating, promoting, or selling illegal content;
- using the service for commercial purposes inconsistent with the terms;
- sharing "not safe for work" content
- discriminating against or disrespecting StarkSight, other Users, or non-users of StarkSight
Users must do their own research to verify the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that they view or interact with.

6. Parties' Responsibilities

6.1. Responsibilities of the Customer:

The Customer is responsible for determining the initial scope of its needs and the appropriateness of the Services thereto.
The Customer shall cooperate with StarkSight – and its Subcontractors (where applicable) – in the performance of the Services, including, without limitation, by providing reasonable facilities and timely access to data and information of the Customer. The Customer shall be responsible for the timeliness, accuracy, lawfulness, and completeness of all data and information to be processed and provided to StarkSight. In compliance with its Privacy notice, StarkSight may use the information and data provided by the Customer or third parties on behalf of the Customer and rely on its accuracy, completeness, and lawfulness without further audit or verification requirements. StarkSight's performance of the Services shall be dependent upon the timely performance of the Customer's responsibilities under these General Terms. The Customer shall be obliged to inform StarkSight of facts and circumstances that may be of importance in connection with the performance of the Services.
The Customer shall be responsible for compliance with all applicable national and foreign legislation and regulations in the area of data protection, including where the Customer provides StarkSight with data on its personnel, its Customers, or other third parties, even if such originates from third parties or is provided to StarkSight or put at StarkSight's disposal by third parties at the Customer's request.
Users hereby confirm and guarantee that they will abide by all applicable laws (e.g. federal, state, local and other laws) when using the Service. In order to fulfill our legal responsibilities and ensure the safety of both our platform and users, it may be necessary for us to limit, suspend, or terminate your access to the Service. Please be aware that StarkSight has no obligation to disclose the reasons for such actions taken against a user.

6.2. Responsibilities of StarkSight:

StarkSight undertakes reasonable efforts under these General Terms to execute the Services. StarkSight warrants that it shall perform the Services in good faith and with due professional care. StarkSight disclaims all other warranties, either express or implied. Unless explicitly provided otherwise, all the obligations of StarkSight under these General Terms are obligations of means.
StarkSight offers a Customer /Support Service and commits to do it's best to fix identified problems within the platform.

7. Fees and Payments

StarkSight offers free access to the platform.
Notwithstanding the above, StarkSight also provides additional access to certain data and features on a subscription basis.
Customers who wish to benefit from Authenticated Subscriber Account that gives access to StarkSight must meet the conditions set out in article 3 and pay the subscription fee.
The cost of the subscription is the amount users agree to when subscribing, as clearly shown on the platform. The subscription is for an indefinite period and will be renewed automatically
1. each month for a one-month period for the monthly plan,
2. Each quarter for a three-month period for the quarterly plan,
3. Each year for a one-year period for the annual plan
The Services Fees are invoiced at the beginning of the month. Any invoice not contested by the Customer in writing to StarkSight within seven (7) Business Days of the date of issue, is considered to be definitively and irrevocably accepted.
StarkSight's invoices are due and payable within seven (7) calendar days of the invoice date for the monthly plan, fourteen (14) days for the quarterly plan, and twenty-one (21) days for the yearly plan. Non-payment on the due date of a single invoice also allows StarkSight to suspend the Services until the full payment of the invoices.
Customers who wish to suspend or interrupt their subscription may do so at any time, so that the recurring payment will not be processed the next time it would have been due.
All amounts are VAT included.
Customers who wish to suspend, interrupt, or change the plan of their subscription should use the tools accessible to that end on the platform.

8. Term and Termination

These General Terms come into force and govern the relationship between the Parties.
Notwithstanding article 7.9, StarkSight may terminate the Services by written notice to the Customer on or at any time after the occurrence of the following events:
1. a material breach of an obligation under these General Terms and, if the breach is capable of remedy, the defaulting Party fails to remedy the breach within thirty (30) calendar days of receipt of notice of such breach; or
2. the other Party becomes insolvent or unable to pay its debts as and when they become due;
3. the Customer doesn't respect the terms of the User Conduct described in article 5.
Termination of the Services under will have no retroactive effect.

9. Ownership and Intellectual Property Rights

Notwithstanding sections in this article 9, StarkSight reserves all Intellectual Property Rights with regard to StarkSight IP.
StarkSight's intellectual property, including its name, logo, trademarks, product and service names, designs, and slogans, are owned by StarkSight or its affiliates and licensors and cannot be copied, imitated or used without prior written permission. The "look and feel" of the Service is the trade dress of StarkSight and cannot be copied or imitated without prior written permission.
Third-party trademarks, registered trademarks, and product names mentioned on the Service or associated with any NFTs displayed on the Service belong to their respective owners and cannot be copied or used without permission. StarkSight's mention of any products, services, or information by StarkSight encourages feedback, comments, and suggestions for improving the Service, but Users acknowledge that any contribution of feedback does not give them any right, title, or interest in the Service or feedback. StarkSight may use and disclose feedback in any manner and for any purpose without notice or compensation to Users. Users assign to StarkSight all right, title, and interest in and to any and all feedback.
StarkSight does not have ownership or control of Digital Assets, NFTs deployed by third parties. The creators of these Digital Assets are solely responsible for their operation and functionality.
Unless otherwise agreed, StarkSight grants the Customer - upon full and final payment to StarkSight (if applicable) - a perpetual, royalty-free, worldwide, non-exclusive, and non-transferable license to use StarkSight IP solely for the purpose for the Use of the Services.
If StarkSight provides any software, content, or other materials that we own, control, or have licensed as part of Users' use of the Service, Users are granted a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to Users as part of the Service. However, if any content is linked to or associated with any Digital Asset, the Users' license in such content is solely as set forth by the applicable seller or creator of the Digital Asset.
StarkSight does not agree to any terms that may be construed as precluding or limiting in any way its right :
1. to provide consulting or other services of any kind or nature whatsoever to any other person or entity as StarkSight in its sole discretion deems appropriate or
2. to develop for itself, or for others, materials, which are competitive with or similar to those produced as a result of the Services, irrespective of their similarity to its platform, subject to the confidentiality obligations set forth in article 7 of these General Terms.
Any Intellectual Property Rights and other propriety rights in the material and data provided by the Customer to StarkSight for performing the Services shall remain the property of the Customer. The Parties agree that StarkSight has the right, for the entire duration of the Services, to make use of such Intellectual Property Rights and other propriety rights in the material and data provided by the Customer and that it will not infringe on such rights owned by or licensed to the Customer.
StarkSight users are responsible for their use of the service and any information they provide, including compliance with applicable laws, rules, and regulations, as well as the user conduct requirements outlined in the terms of service.
By using StarkSight to create, submit, post, promote, or display content, or by complying with StarkSight's metadata standards in your metadata API responses, you grant the company a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content that you submit or post on or through the Service for its business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any Digital Assets that are displayed on the Service.
This provision applies even in the event of deletion of the account by the user within the limits provided for in the Privacy Notice and insofar as the user has not expressly notified StarkSight in writing of his or her wish to terminate the use of all of his or her data for any purpose whatsoever.
As further described in its Privacy Notice, StarkSight does not claim ownership of the content but reserves the right to use and display it. Thus, StarkSight will only share identifiable information to third parties in order to execute the needed service.
Users must have all necessary rights, licenses, consents, permissions, and authority to grant the rights granted herein for any content they create, submit, post, promote, or display on or through the Service.
Users are solely responsible for the content and metadata associated with their NFTs and digital assets and represent, and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights unless they have necessary permission or are legally entitled to post the material.
StarkSight will remove works in response to any intellectual property infringement claims and will terminate a user's access to the Service if the user is determined to be a repeat infringer. To report copyright or trademark infringement, or violation of intellectual property rights related to your content, you can fill out the provided form or send written notice to the designated copyright agent at [email protected].
To submit an infringement, claim for content on the Service, you must either be the rightsholder or authorized to act on behalf of the rightsholder. A notice submitted by email or physical mail must include: identification of the copyrighted work, trademark, publicity rights, or other intellectual property rights that are being infringed; identification of the allegedly infringing material, including its specific location on the Service; contact information, including full legal name and email address; a declaration stating that the information provided is accurate and that you have a good faith belief that the material is not authorized for use by the intellectual property rights owner or the law; and your physical or electronic signature.

10. Third Parties relationship

StarkSight is a service that allows users to explore and interact with Digital Assets created by third-party sellers. As a platform, StarkSight does not make any representations or warranties about the legitimacy, authenticity, or legality of Digital Assets displayed on its Service. It is the responsibility of the buyers to verify the authenticity of Digital Assets purchased from third-party sellers. StarkSight also cannot guarantee that Digital Assets will always remain available for purchase, sale, or transfer. Users are responsible for any content related to their own Digital Assets.
These terms only govern the use of StarkSight's Service. Digital Assets are available on public blockchains and can be purchased, sold, or transferred without using StarkSight's Service and without agreeing to its Terms. Digital Assets may be subject to Digital Assets Terms set by the buyers, sellers, and/or creators. StarkSight does not set Digital Assets Terms and is not a Party to any such agreements. The buyer, seller, and/or creator are responsible for communicating, agreeing to, and enforcing Digital Assets Terms. Users are responsible for reviewing and complying with any applicable Digital Assets Terms.
Sellers are solely responsible for setting the price of a Digital Assets, including any applicable tax, and for determining the mint count and minting mechanics for the Digital Assets they sell. StarkSight may receive certain fees for its Service, but it does not set or determine other costs, fees, and expenses associated with buying and selling Digital Assets. These costs, fees, and expenses are paid directly to the relevant parties and are not refundable by StarkSight.
The Service may also contain links or functions that enable access to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"), or display, incorporate, or make available content, data, information, services, applications, or materials from third-party sources ("Third-Party Materials"). If you click on a link to or access a Third-Party Website or Application, or use them, we will not provide a warning that you have left our Service. Instead, you will be bound by the terms and conditions (including privacy policies) of another website or destination. These Third-Party Websites, Third-Party Applications, and Third-Party Materials are not controlled by StarkSight and may be "open" applications for which no legal remedy is available. StarkSight is not accountable for any Third-Party Websites, Third-Party Applications, or Third-Party Materials. StarkSight offers links to these Third-Party Websites and Applications solely for convenience and does not review, authorize, supervise, endorse, guarantee, or make any statements about these Third-Party Websites or Applications, their products or services, or associated Third-Party Materials. Customer use all links to Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk without warranty of effectiveness.

11. Data Protection

In the context of their professional relations established by these General Terms, the Parties undertake to comply with the laws and regulations in force, applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as from 25 May 2018.
StarkSight may process Personal Data regarding identity (name, surname) and contact details (email address, phone number) of customers. This data will be stored and processed in accordance with the Privacy policy and in compliance with the applicable laws and regulations.
The Parties further acknowledge that Personal Data may be processed by StarkSight as a Processor in connection with the provision of the Services as further described in the Privacy Notice. In such cases, a separate data processing agreement will be concluded between the Parties.

12. Limitation of Liability

Nothing shall exclude or restrict (or prevent a claim being brought in respect of any liability arising from the willful misconduct or a comparable instance of gross negligence by StarkSight or any other liabilities which cannot lawfully be limited or excluded, save to the extent permitted by law.
In no event shall StarkSight, or any of its Subcontractor be held liable for any limited use or loss of data, contracts, goodwill, revenues, or profits (whether or not deemed to constitute direct losses) or any consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense relating to the Services.
StarkSight is and remains responsible to the Customer for the performance of the Services under, including Services performed by any Subcontractor.
Neither StarkSight nor any of its Subcontractors can be held liable for losses arising as a result of the provision of false, misleading, or incomplete information or documentation, non-compliance with applicable legislation or regulations in the area of protection of privacy and personal data within the Customer's sphere of responsibility or for the withholding, concealing, or misrepresenting of information or documentation by any person other than StarkSight or any of its Subcontractors.
To the fullest extent permitted by law, StarkSight and its service providers are not liable for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the service, products, or third-party sites and products, or for any damages related to loss of revenue, profits, business, anticipated savings, use, goodwill, or data, and whether caused by strict liability or tort, breach of contract, or otherwise. Access and use of the service, products or third-party sites, and products are at the User's own risk, and the User will be solely responsible for any damage to their computer system or mobile device or loss of data resulting therefrom. The maximum aggregate liability of StarkSight arising out of or in any way related to these terms, the access to and use of the service, content, NFTs, or any StarkSight products or services is limited to the amount received by StarkSight for its service to the User directly relating to the items that are the subject of the claim. This limitation applies even if the remedy fails of its essential purpose.
Users acknowledge that the value of Digital Assets is subjective and subject to volatility, and that they are responsible for any fees associated with using the Service, including blockchain transaction fees. The regulatory environment surrounding blockchain technology and cryptocurrency is uncertain and new regulations may negatively impact the Service and Digital Assets. Users are solely responsible for complying with any applicable taxes. There are risks associated with purchasing items associated with third-party content, and StarkSight is not responsible for any issues that may arise. StarkSight cannot guarantee their operation. StarkSight is not responsible for any communication failures, disruptions, errors, or delays that may occur when using the Service or any blockchain network. The Service relies on third-party platforms and vendors, and StarkSight reserves the right to hide collections, contracts, and items affected by any issues. If you have a dispute with other users, Users release StarkSight from any claims or damages arising from such disputes.
Users use the Service at their own risk, and StarkSight does not provide any warranties or conditions, either express or implied, regarding the Service's availability, accuracy, reliability, completeness, legality, or safety. StarkSight will not be held liable for any loss resulting from your reliance on the Service's information or material. Although StarkSight tries to ensure the Service is secure, it cannot guarantee that it is free from viruses or other harmful components.
StarkSight is not responsible or liable for any loss or use of Digital Assets, including any losses or damages due to user error, server failure, unauthorized access, or third-party activities. The transfer of title or rights to any Digital Assets occurs only on the associated blockchain, and StarkSight cannot control or affect such transfers.
No StarkSight party is responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal software behavior, or issues with the blockchain supporting the Digital Assets. No StarkSight party is responsible for losses or injury resulting from late or no reports of any blockchain-related issues by developers or representatives.

13. Indemnification

The Customer shall indemnify and hold harmless StarkSight for all losses incurred with respect to any third-party claim in connection with the Use of the Service and its execution, except to the extent finally judicially determined to have resulted primarily from the willful misconduct or comparable instance of gross negligence by StarkSight.
By accessing the Service and agreeing to the Terms, Users agree to indemnify, defend and hold harmless StarkSight and its employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns from any Claims, including but not limited to property damage, personal injury, or any other kind of losses caused by their use or misuse of the Service, Digital Assets, or violation of any term of these Terms or applicable law. Users also agree to notify StarkSight promptly of any Claims and to cooperate with StarkSight in defending such Claims. This indemnity is in addition to any other indemnities set forth in a written agreement between the User and StarkSight.

14. Use of Names and Trademarks

StarkSight and the Customer agree that neither shall use the other's name, trademarks, logos, trade names, and/or branding without the prior written consent of that Party

15. FORCE MAJEURE

The Parties shall be excused for failure to fulfil their obligations under this Agreement, to the extent that such failure is directly or indirectly caused by an occurrence which is beyond the reasonable control of that Party and which makes its performance of the Services reasonably impossible or impracticable ("Force Majeure"). Force Majeure includes, without limitation, war, riots, civil disorder, earthquake, fire, explosion, storm, flood, or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies, including lockdowns.
If the Force Majeure event endures for a duration of at least fifteen (15) calendar days for a Monthly Subscription, forty-five calendar days for a Quarterly Subscription, or 180 calendar days for a Yearly Subscription, each Party will have the right to terminate the agreement, without any notice period or compensation being required. If the event prevents StarkSight from providing the service to the user but doesn't prevent processing refunds, affected Users may submit a claim via email for the prorated value of the lost subscription period.
Each Party shall notify the other Party in writing of the particular circumstances regarding the Force Majeure and shall do its best to remedy the situation.
The Force Majeure shall never excuse the Customer from making the payments that have become due at the moment of occurrence of the Force Majeure event.

16. Non-solicitation

Unless written and prior agreement by StarkSight, the Customer shall refrain from hiring any of StarkSight's staff members, be they employees, contractors, agents, representatives, without this list being exhaustive (hereinafter, the "Staff Members") throughout the duration of the agreement between Parties.
This requirement shall remain valid for a period of one (1) year following the termination of the agreement. The same requirement will apply in the event the agreement is renewed.
Should the Customer fail to respect the obligations imposed on him pursuant to the wording of this section, the Customer shall be liable to pay a compensation to StarkSight equivalent to fifty thousand (50.000,00) euros.
This obligation will also apply if a company associated or linked to Customer, breaches the present non-solicitation clause.

17. Miscellaneous

Any provisions of the General Terms which either explicitly or by their nature extend beyond the expiration or termination of the General Terms shall survive such expiration or termination.
In the event of a conflict with the main body of these General Terms and the Terms and Conditions will govern.
Any communication which is required or permitted hereunder shall be in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or delivered by a reputable commercial courier service with confirmation of receipt, to the recipients at the address notified below, or any other recipients and/or addresses as may be notified to the Party sending the notice. A communication sent by e-mail to the correct e-mail address or Discord account, or from StarkSight, via personal messages on platform, of the then-current holders of the positions listed below will also be deemed to have been duly given.

If to StarkSight:
Teandy SRL
Rue d'Henzie 2 6870 Arville
Belgium
[email protected]

If to Customer:
At the e-mail address attached to the User Account,
directly to their Discord account, or direct message on the platform
If any provision or part of the General Terms is found by a court of competent jurisdiction or other competent authority to be unenforceable, such provision or part of it shall not affect the execution of the Services, but such unenforceable provision or part shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the Parties set forth herein.
No Party may assign or otherwise transfer its rights and obligations under these General Terms without the prior express written consent of the other, except that StarkSight may assign any of its rights or obligations hereunder to any successor to its business. Neither Party will directly or indirectly assign or transfer to a third party any claim against the other Party arising out of these General Terms.
These General Terms, concluded under it, and including all matters relating to it, shall be governed by, and construed in accordance with, the laws of Belgium.

Any claim arising out of or relating the Services shall be brought before the Court of Hainaut, Mons division.